SENATE BILL No. 629

 

 

September 8, 2011, Introduced by Senator GLEASON and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 951 and 952 (MCL 168.951 and 168.952), section

 

951 as amended by 1993 PA 45 and section 952 as amended by 1993 PA

 

137.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 951. (1) Every Each elective officer, in the state,

 

except a judicial officer, is subject to recall by the voters of

 

the electoral district in which the officer is elected as provided

 

in this chapter. A If an officer's term of office is 2 years or

 

less, a recall petition shall not be filed against an the officer

 

until the officer has actually performed the duties of the office

 

to which elected for a period of 6 months during the current term

 

of that office . A and a recall petition shall not be filed against

 

an officer during the last 6 months of the officer's term of


 

office. If an officer's term of office is more than 2 years, a

 

recall petition shall not be filed against the officer until the

 

officer has actually performed the duties of the office to which

 

elected for a period of 1 year during the current term of office

 

and a recall petition shall not be filed against an officer during

 

the last 1 year of the officer's term of office. An officer sought

 

to be recalled shall continue to perform the duties of the his or

 

her office until the result of the recall election is certified.

 

     (2) Notwithstanding the provisions of subsection (1), if, on

 

the effective date of the amendatory act that added this

 

subsection, language to recall an officer has been submitted and

 

approved under section 952, then a recall petition may be filed if

 

the officer has actually performed the duties of his or her office

 

for a period of 6 months and it is not within the last 6 months of

 

the term of office, regardless of the officer's term of office.

 

     Sec. 952. (1) A petition for the recall of an officer shall

 

meet all of the following requirements:

 

     (a) Comply with section 544c(1) and (2).

 

     (b) Be printed.

 

     (c) State clearly and factually each reason for the recall.

 

Each reason for the recall shall be limited to issues that cannot

 

be overturned by board action or for which no other political

 

recourse is available and shall be based upon the officer's conduct

 

during his or her current term of office. The reason for the recall

 

may be typewritten.

 

     (d) Contain a certificate of the circulator. The certificate

 

of the circulator may be printed on the reverse side of the


 

petition.

 

     (e) Be in a form prescribed by the secretary of state.

 

     (2) Before being circulated, a petition for the recall of an

 

officer shall be submitted to the board of county election

 

commissioners of the county in which the officer whose recall is

 

sought resides.

 

     (3) The board of county election commissioners, not less than

 

10 days or more than 20 days after submission to it of a petition

 

for the recall of an officer, shall meet and shall determine

 

whether each reason for the recall stated in the petition is of

 

sufficient clarity to enable the officer whose recall is sought and

 

the electors to identify the course of conduct that is the basis

 

for the recall. Failure of the board of county election

 

commissioners to comply with this subsection shall constitute a

 

determination that each reason for the recall stated in the

 

petition is of sufficient clarity to enable the officer whose

 

recall is being sought and the electors to identify the course of

 

conduct that is the basis for the recall.

 

     (4) The board of county election commissioners, not later than

 

24 hours after receipt of a petition for the recall of an officer,

 

shall notify the officer whose recall is sought of each reason

 

stated in the recall petition and of the date of the meeting of the

 

board of county election commissioners to consider the clarity of

 

each reason.

 

     (5) The officer whose recall is sought and the sponsors of the

 

recall petition may appear at the meeting and present arguments on

 

the clarity of each reason.


 

     (6) The determination by the board of county election

 

commissioners may be appealed by the officer whose recall is sought

 

or by the sponsors of the recall petition drive to the circuit

 

court in the county. The appeal shall be filed not more than 10

 

days after the determination of the board of county election

 

commissioners.

 

     (7) A recall petition that is determined to be of sufficient

 

clarity under subsection (1) (3) or, if the determination under

 

subsection (1) (3) is appealed pursuant to under subsection (6), a

 

recall petition that is determined by the circuit court to be of

 

sufficient clarity is valid for 180 days following the last

 

determination of sufficient clarity under this section. A recall

 

petition that is filed under section 959 or 960 after the 180-day

 

period described in this subsection is not valid and shall not be

 

accepted pursuant to under section 961. This subsection does not

 

prohibit a person from resubmitting a recall petition for a

 

determination of sufficient clarity under this section.